[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4457 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4457
To amend the Help America Vote Act of 2002 to direct the Election
Assistance Commission to adopt voluntary guidelines for election
officials on the use of nonvoting election technology in elections for
Federal office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 3, 2023
Mr. Gimenez (for himself and Mr. Steil) introduced the following bill;
which was referred to the Committee on House Administration
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A BILL
To amend the Help America Vote Act of 2002 to direct the Election
Assistance Commission to adopt voluntary guidelines for election
officials on the use of nonvoting election technology in elections for
Federal office, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect American Voters Act''.
SEC. 2. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING ELECTION
TECHNOLOGY.
(a) Adoption of Voluntary Guidelines by Election Assistance
Commission.--
(1) Adoption of guidelines.--Title II of the Help America
Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.
``(a) Adoption.--The Commission shall adopt voluntary guidelines
for election officials on the use of nonvoting election technology,
taking into account the recommendations of the Standards Board under
section 298A.
``(b) Review.--The Commission shall review the guidelines adopted
under this subtitle not less frequently than once every 4 years, and
may adopt revisions to the guidelines as it considers appropriate.
``(c) Process for Adoption.--The adoption of the voluntary
guidelines under this subtitle shall be carried out by the Commission
in a manner that provides for each of the following:
``(1) Publication of notice of the proposed guidelines in
the Federal Register.
``(2) An opportunity for public comment on the proposed
guidelines.
``(3) An opportunity for a public hearing on the record.
``(4) Publication of the final recommendations in the
Federal Register.
``(d) Deadline for Initial Set of Guidelines.--The Commission shall
adopt the initial set of voluntary guidelines under this section not
later than December 31, 2026.
``SEC. 298A. ROLE OF STANDARDS BOARD.
``(a) Duties.--The Standards Board shall assist the Commission in
the adoption of voluntary guidelines under section 298, including by
providing the Commission with recommendations on appropriate standards
for the use of nonvoting election technology, including standards to
ensure the security and accuracy, and promote the usability, of such
technology, and by conducting a review of existing State programs with
respect to the testing of nonvoting election technology.
``(b) Sources of Assistance.--
``(1) Certain members of technical guidelines development
committee.--The following members of the Technical Guidelines
Development Committee under section 221 shall assist the
Standards Board in carrying out its duties under this section:
``(A) The Director of the National Institute of
Standards and Technology.
``(B) The representative of the American National
Standards Institute.
``(C) The representative of the Institute of
Electrical and Electronics Engineers.
``(D) The 4 members of the Technical Guidelines
Development Committee appointed under subsection
(c)(1)(E) of such section as the other individuals with
technical and scientific expertise relating to voting
systems and voting equipment.
``(2) Detailee from cisa.--The Executive Board of the
Standards Board may request the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security to provide a detailee to assist the Standards
Board in carrying out its duties under this section, so long as
such detailee has no involvement in the drafting of any of the
voluntary guidelines.
``SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE TECHNOLOGY.
``A State may use funds provided under any law for activities to
improve the administration of elections for Federal office, including
to enhance election technology and make election security improvements,
to obtain nonvoting election technology which is in compliance with the
voluntary guidelines adopted under section 298 or to upgrade nonvoting
election technology so that the technology is in compliance with such
guidelines, and may, notwithstanding any other provision of law, use
any unobligated grant funding provided to the State by the Election
Assistance Commission from amounts appropriated under the heading
`Independent Agencies--Election Assistance Commission--Election
Security Grants' in title V of division C of the Consolidated
Appropriations Act, 2020 (Public Law 116-93) for the purposes of
enhancing election technology and making election security improvements
until December 31, 2024.
``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.
``In this subtitle, the term `nonvoting election technology' means
technology used in the administration of elections for Federal office
which is not used directly in the casting, counting, tabulating, or
collecting of ballots or votes, including each of the following:
``(1) Electronic pollbooks or other systems used to check
in voters at a polling place or verify a voter's
identification.
``(2) Election result reporting systems.
``(3) Electronic ballot delivery systems.
``(4) Online voter registration systems.
``(5) Polling place location search systems.
``(6) Sample ballot portals.
``(7) Signature systems.
``(8) Such other technology as may be recommended for
treatment as nonvoting election technology as the Standards
Board may recommend.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
II the following:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Role of Standards Board.
``Sec. 298B. Use of payments to obtain or upgrade technology.
``Sec. 298C. Nonvoting election technology defined.''.
(b) Treatment of Technology Used in Most Recent Election.--Any
nonvoting election technology, as defined in section 298C of the Help
America Vote Act of 2002 (as added by subsection (a)(1)), which a State
used in the most recent election for Federal office held in the State
prior to the date of the enactment of this Act shall be deemed to be in
compliance with the voluntary guidelines on the use of such technology
which are adopted by the Election Assistance Commission under section
298 of such Act (as added by subsection (a)(1)).
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